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CITY OF LAKE, ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2018-052 A RESOL UTION APPR 0 VING A VARIANCE TO ALL 0 W THE EXPANSION OF A NON- CONFORMING STR UCTURE NOT MEETING THE MINIMUM SETBACKS FROM THE ORDINANCRYI-17GH TVATER LEVEL, FRONTAND SIDE YARD SETBACS, AND IMPERVIOUS SURFACE REQ UIREEMTNS FOR THE CITYS SHORLAND DISTRICT AT 9369 JANE RD X WHEREAS,, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Adam Bender of ISPIRI LLC on behalf of David and Heide Offord, 9369 Jane Rd N, Lake Elmo MN 55042 (Applicant/Owiler), has submitted an application to the City of Lake Elmo (the "City') for a variance to allow the expansion of a non -conforming structure not meeting the minimum structure setback from the Ordinary High Water Level (OHWL), front and side yard setbacks, and impervious surface requkunents for the shoreland district The proposed garage addition does encroach firdier into the fi-ont yard leaving a 12.9 ft. setback form Jane Rd, the new side yard setback fimn, the deck will be 73 ft., and the setback from the OHWL for the deck will be 49.2 K However, the project will lower the impervious surface calculation from its current percentage of 36.7 to 34.1. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on May 7111, 2018; and WHEREAS,- the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated May 151, 2018; and WHEREAS, the City Council considered said matter at its May 151, 2018 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: algaimM, 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance to allow for the expansion and renovation of an existing single-family detached home which does not meet the Ifflinimum, structure setback requirements of the OWHL, front and side yard setbacks, and impervious surface allowance. 4) That the Variance will be located on property legally described as follows: SUBDIVISIONNAME BERSCHEN'S SHORES LOT I I SUBDIVISIONCD 37090,9369 Jane Rd North, Washington County, Minnesota with the following PID: 10.02921.24,0007,